Mohan v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.06.2020

CORAM:

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.No.8510 of 2020 A.Mohan ... Petitioner Vs.

1.State rep.by Inspector of Police, C-1, Sriperumbudur Police Station, Kancheepuram District.

2.The Superintendent of Police, Kancheepuram, Kancheepuram District.

... Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C., praying, to direct the 1st respondent, Inspector of Police, C-1, Sriperumbudur Police Station not to harass the petitioner.

For Petitioner : S.Suresh For Respondents: Mr.M.Mohammed Riyas Addl. Public Prosecutor.

O R D E R

This petition has been filed to direct the 1st respondent, Inspector of Police, C-1, Sriperumbudur Police Station, not to harass the petitioner.

2. The learned counsel appearing on behalf of the petitioner submitted that earlier false cases were foisted against the petitioner and out of four cases, three cases have come to an end and there is one FIR pending against the petitioner, in which, he has already secured anticipatory bail.

3. The learned Additional Public Prosecutor appearing on behalf of the respondent police submitted that the police is calling the petitioner for enquiry. The learned Additional Public Prosecutor further submitted that even while the anticipatory bail was granted to the petitioner, a condition was imposed to the effect that the petitioner must be present https://hcservices.ecourts.gov.in/hcservices/

before the police as and when required. Therefore, the learned Additional Public Prosecutor submitted that this petition must be dismissed as not maintainable.

4. This Court while exercising its jurisdiction under Section 482 of Cr.P.C., has a very limited jurisdiction when it comes to passing orders which may have an impact in a pending investigation. This is more so when a First Information Report is pending against the petitioner. This Court entertains petition under the caption not to harass only in the cases where parties are harassed in a civil dispute. In this case, there is an allegation that the petitioner is a sand offender and a First Information Report is pending against him. Therefore, this Court must be very cautious while passing any orders.

5. The grant of anticipatory bail in favour of the petitioner does not in any way come in the way of the respondent police to call the petitioner for an enquiry in the course of their investigation. This cannot be termed as harassment.

6. In view of the above, this Court is not in a position to grant the relief as sought for by the petitioner and accordingly, this Criminal Original Petition is dismissed. Sd/- Assistant Registrar(CS-III) //True copy// Sub Assistant Registrar smv To 1.Inspector of Police, C-1, Sriperumbudur Police Station, Kancheepuram District.

2.The Superintendent of Police, Kancheepuram, Kancheepuram District.

3.The Additional Public Prosecutor, High Court, Madras.

Crl.O.P.No.8510 of 2020 SVI(CO) GMY(02/07/2020) https://hcservices.ecourts.gov.in/hcservices/